Legal Question in Family Law in California
Restraining Order Wanted by Mother
My girlfriends mother wants to file for a restraining order against me, to keep me from having any contact with her daughter. She is 18 and I am 21. We have known each other for seven years, but only recently became more than just friends. Can her mother file for a restraining order without her approval? If so, how can I fight it?
1 Answer from Attorneys
Re: Restraining Order Wanted by Mother
Mom can't get a restraining order keeping you from seeing the adult daughter. She can get a restraining order keeping you away from -her-. If the daughter lives with her, you might be ordered to keep away from their home depending on what she accuses you of, and whether or not the daughter backs you up in court.
Remember, few people seek restraining orders except for the purpose of having the restrained person jailed for violating it. The first lie is used to obtain the restraining order, and the next lie gets you thrown in the slammer. Also remember that in California the obtaining of a restraining order has other serious consequences, such as prohibiting you from owning firearms (and barring you from law enforcement and other jobs you might want).
The long-term problem as I see it is, like mother like daughter. If Mom is an accuser (i.e. someone who is willing to lie in order to use the court as a mechanism for punishing and/or controlling you), then you should be very, very, sure that Daughter is not also an accuser before you continue the relationship.
Otherwise you will be in for a lifetime of grief.